3 ARTICLE 1. DUI SERVICES R Definitions The following definitions apply in this Article unless otherwise specified: 1. Administrator means an individual who has authority and responsibility for managing the provision of DUI services. 2. Applicant means an individual or business organization that has submitted an application packet to the Department. 3. Application packet means the forms, documents, and additional information the Department requires an applicant to submit to become a DUI services provider. 4. Behavioral health professional means an individual licensed under A.R.S. Title 32 whose scope of practice allows the individual to: a. Independently engage in the practice of behavioral health as defined in A.R.S ; or b. Except for a licensed substance abuse technician, engage in the practice of behavioral health as defined in A.R.S under direct supervision as defined in A.A.C. R Behavioral health service means the medical services, nursing services, or health-related services provided to an individual to address the individual s behavioral health issue. 6. Business organization has the same meaning as entity in A.R.S Client means an individual who is ordered by a court to receive DUI screening, DUI education, or DUI treatment as a result of an arrest, adjudication, or conviction for a violation of A.R.S , 8-343, , , or Client record means documentation relating to the DUI services received by a client. 9. Controlling person means a person who, with respect to a business organization: a. Through ownership, has the power to vote at least 10% of the outstanding voting securities of the business organization; b. If the business organization is a partnership, is a general partner or is a limited partner who holds at least 10% of the voting rights of the partnership; c. If the business organization is a corporation, association, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or d. Holds a beneficial interest in 10% or more of the liabilities of the business organization. 10. Day means a day, not including the day of the act, event, or default, from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or state holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. 11. Department means the Arizona Department of Health Services. 12. Documentation means information in written, photographic, electronic, or other permanent form. 13. DUI education has the same meaning as education in A.R.S DUI education provider means an individual or business organization that is approved by the Department as meeting the standards in this Article related to DUI education. 15. DUI screening has the same meaning as screening in A.R.S DUI screening provider means an individual or business organization that is approved by the Department as meeting the standards in this Article related to DUI screening. 17. DUI services means DUI screening, DUI education, or DUI treatment provided to a client. 18. DUI services provider means an individual or business organization that is approved by the Department as a DUI screening provider, DUI education provider, or DUI treatment provider. 19. DUI treatment has the same meaning as treatment in A.R.S DUI treatment provider means an individual or business organization that is approved by the Department as meeting the standards in this Article related to DUI treatment. 21. Employee means an individual compensated by a DUI services provider for work on behalf of the DUI services provider. 22. Facility means the building or buildings used to provide DUI services. 23. Licensed substance abuse technician has the same meaning as in A.R.S Licensed independent substance abuse counselor has the same meaning as in A.R.S Monitoring means the Department s inspection of a facility to observe and check the quality of DUI services. 26. Referring court means a court of competent jurisdiction that orders a client to receive DUI screening, DUI education, or DUI treatment. 27. Secure connection means a system through which information can be exchanged without unauthorized third party interception or corruption of the signals. (Supp. 93-3). Agency errors corrected to definitions 18, 47, 61-64, and 67 pursuant to letter received in the Office of the Secretary of State October 8, 1993 (Supp. 93-4). repealed; new made by exempt rulemaking at 7 A.A.R. 4439, effective October 3, 2001 (Supp. 01-3). Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). R (28) corrected to restore subsection label (b) (Supp. 05-1). Amended by exempt rulemaking at 18 A.A.R. 1725, effective June 30, 2012 (Supp. 12-2). Amended by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Individuals to Act for Applicant When an applicant or DUI services provider is required by this Article to provide information on or sign an application form or other document, the following shall satisfy the requirement on behalf of the applicant or DUI services provider: 1. If the applicant or DUI services provider is an individual, the individual; or 2. If the applicant or DUI services provider is a business organization, the individual who the business organization has designated to act on the business organization's behalf and who: June 30, 2013 Page 3 Supp. 13-2

4 Title 9, Ch. 20 Arizona Administrative Code a. Is a controlling person of the business organization; b. Is a U.S. citizen or legal resident; and c. Has an Arizona address. Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). Amended by exempt rulemaking at 18 A.A.R. 1725, effective June 30, 2012 (Supp. 12-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Application and Renewal A. An applicant applying to become a DUI services provider shall submit to the Department an application packet that contains: 1. An application in a format provided by the Department that includes: a. The applicant s name; b. The applicant s address and telephone number; c. The applicant s address; d. The name, telephone number, and address of the individual acting on behalf of the applicant according to R , if applicable; e. The name under which the applicant plans to do business, if different from the applicant s name; f. The address and telephone number of each facility from which DUI services will be provided; g. Whether the applicant is seeking approval to provide: i. DUI screening face-to-face, ii. DUI screening electronically, iii. DUI education in a classroom setting, iv. DUI education electronically, or v. DUI treatment; and h. The applicant s signature and the date signed; 2. If providing DUI screening, a copy of the: a. Standardized instrument for measuring alcohol dependency or substance abuse required in R (C)(4), and b. Policies and procedures required in R (A); 3. If providing DUI education, a copy of the: a. DUI education pre-test required in R (E)(1), b. DUI education information required R (E)(2), c. DUI education post-test required in R (E)(3), d. Policies and procedures required in R (A), and e. Policies and procedures required in R (F); 4. If providing DUI treatment, a description of the: a. Group counseling programs, as required in R (C)(2); and b. Policies and procedures required in R (A); 5. The name and resume of the administrator; and 6. A copy of the applicant s: a. U.S. Passport, current or expired; b. Birth certificate; c. Naturalization documents; or d. Documentation of legal resident alien status. B. For renewal, at least 60 days before the expiration of approval, a DUI services provider shall submit to the Department in a Department-provided format: 1. The DUI services provider s approval number; 2. The information in subsection (A)(1); and 3. The documentation in subsection (A)(2) through (4), as applicable. (Supp. 93-3). Agency errors corrected pursuant to letter received in the Office of the Secretary of State October 8, 1993 (Supp. 93-4). repealed; new made by Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). Amended by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Application or Renewal Approval Process A. The Department shall: 1. Review the documents submitted by the applicant or DUI services provider as required in R , 2. Issue an approval or non-approval based on the applicant s or DUI services provider s compliance with the requirements in this Article, and 3. Notify the applicant or DUI services provider of the Department's decision within 30 days after receiving the documents specified in R B. The Department shall send an applicant or DUI services provider a written notice of non-approval, with reasons for the non-approval if: 1. The applicant fails to provide the documentation required in R , or 2. The Department determines the documentation submitted under R does not comply with this Article or contains false information. Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). Amended by exempt rulemaking at 18 A.A.R. 1725, effective June 30, 2012 (Supp. 12-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Notification of Change A. A DUI services provider shall: 1. Notify the Department in writing at least 30 days before the effective date of: a. Termination of the provision of DUI services, or b. A change in the: i. Name under which the DUI services provider does business; Supp Page 4 June 30, 2013

5 ii. iii. iv. Address or telephone number of a facility where DUI services are provided; Administrator; or DUI services provided, including a list of the services that the DUI services provider intends to add or delete; and 2. If the notification of change is for a change specified in subsection (A)(1)(b)(iv), submit the applicable documentation in R (2) through (4). B. The Department shall update the DUI services provider s approval to reflect the changes in subsections (A)(1)(b)(i) through (iii). C. The Department shall review the notification of change for subsection (A)(1)(b)(iv) and: 1. If the information complies with the requirements in this Article, the Department shall approve the change, or 2. If the information does not comply with the requirements in this Article, the Department shall send notification to the DUI services provider with reasons for the determination of non-compliance. D. The Department may conduct an onsite inspection as part of the notification of change process. E. A DUI services provider shall not add DUI services specified in subsection (A)(1)(b)(iv) until the Department approves the change. F. The DUI services provider retains the existing expiration date of the application approval. (Supp. 93-3). Agency error corrected; subsection (C) deleted, subsection (D) renumbered to subsection (C) pursuant to letter received in the Office of the Secretary of State October 8, 1993 (Supp. 93-4). repealed; new made by exempt rulemaking at 7 A.A.R. 4439, effective October R and Table 1 repealed; new R made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Rescinding Approval A. The Department may rescind the approval of a DUI services provider if the Department determines that noncompliance with this Article by the DUI services provider negatively impacts the DUI screening, DUI education, or DUI treatment the client is receiving from the DUI services provider. B. If the Department rescinds the approval of a DUI services provider, the Department shall: 1. Provide written notice of the rescindment to the DUI services provider that includes a list of the requirements with which the DUI services provider is not in compliance, and 2. Remove the DUI services provider from the list of the Department s approved DUI service providers. C. To obtain approval after a rescindment, an applicant shall submit: 1. The application required in R , and 2. A written recommendation for approval of the applicant from a referring court. D. The Department shall review the application and recommendation in subsection (C) and issue an approval or notice of non-approval no sooner than 60 days, but not later than 90 days, after the Department receives the application and recommendation. (Supp. 93-3). Agency error in subsection (A) corrected pursuant to letter received in the Office of the Secretary of State October 19, 1993 (Supp. 93-4). repealed; new made by exempt rulemaking at 7 A.A.R. 4439, effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Administration, Monitoring A. A DUI services provider shall designate an administrator who meets qualifications established by the DUI services provider. B. An applicant or DUI services provider shall allow the Department immediate access to a client, records, and all areas of a facility according to A.R.S repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Requirements for DUI Screening A. An administrator shall ensure that policies and procedures are developed, documented, and implemented for: 1. Conducting DUI screening, 2. If applicable, performing DUI screening electronically including: a. Using a secure connection, b. Having direct and immediate interaction between the individual conducting the DUI screening and the individual being screened, and c. Verifying the identities of the individual conducting and the individual receiving the DUI screening before the DUI screening is conducted; 3. Tracking and referring a client to DUI education or DUI treatment, and 4. Communicating with and reporting information to a referring court. B. An administrator shall ensure that: 1. A client is given the following information in writing before DUI screening is conducted: a. A description of the DUI screening process; b. The timeline for initiating and completing DUI screening; c. The consequences to the client for not complying with the DUI screening process and timeline; and d. The cost and methods of payment for DUI screening, DUI education, and DUI treatment; and June 30, 2013 Page 5 Supp. 13-2

6 Title 9, Ch. 20 Arizona Administrative Code 2. The client's receipt of the information is documented in the client record. C. An administrator shall ensure that a client's DUI screening: 1. Occurs within 30 days after the date of the court order, unless otherwise required by the court; 2. Is conducted by a: a. Behavioral health professional; or b. Licensed substance abuse technician under direct supervision, as defined in A.A.C. R , of a behavioral health professional; 3. Consists of a face-to-face interview that lasts at least 30 minutes but not more than three hours; 4. Includes administering at least one of the following for measuring alcohol dependency or substance abuse: a. Driver Risk Inventory II, b. Michigan Alcoholism Screening Test, c. The Minnesota Multiphasic Personality Inventory MMPI-2, d. Mortimer-Filkins Test, e. Substance Abuse Subtle Screening Inventory (SASSI), f. Drug Abuse Screening Test (DAST), g. Adolescent Chemical Dependency Inventory (ACDI), h. Juvenile Substance Abuse Profile (JSAP), i. Reinstatement Review Inventory (RRI), or j A substance abuse questionnaire that contains the information in one of the screening assessments in subsections (C)(4)(a) through (C)(4)(i); and 5. Is documented in the client record. D. An administrator shall classify a client based upon the information obtained in the DUI screening in subsection (C) as follows: 1. A Level 1 DUI client is a client who: a. Meets at least one of the following: i. Has been arrested or convicted two or more times for alcohol or drug-related offenses; ii. iii. iv. Had an alcohol concentration of 0.15 or higher at the time of the arrest that led to the current referral and meets at least one of the criteria in subsections (D)(1)(b)(ii) through (xii); Has been unable to control use of alcohol or drugs or has habitually abused alcohol or drugs; Admits a problem controlling alcohol or drug use; v. Has been diagnosed with substance abuse or organic brain disease resulting from substance abuse; vi. Has experienced symptoms of withdrawal from alcohol or drug use that included visual, auditory, or tactile hallucinations; convulsive seizures; or delirium tremens; or vii. Has been diagnosed with alcoholic liver disease, alcoholic pancreatitis, or alcoholic cardiomyopathy by a medical practitioner; or b. Meets at least three of the following: i. Had an alcohol concentration of 0.08 or higher at the time of the arrest that led to the current referral; ii. iii. Had previously been arrested or convicted one time for an alcohol-related or drug-related offense; Has experienced a decrease in attendance or productivity at work or school as a result of alcohol or drug use; iv. Has experienced family, peer, or social problems associated with alcohol or drug use; v. During DUI screening, provided responses on the standardized instrument in subsection vi. (C)(4) that indicated substance abuse; Has previously participated in substance abuse education or treatment for problems associated with alcohol or drug use; vii. Has experienced blackouts as a result of alcohol or drug use; viii. Has passed out as a result of alcohol or drug use; ix. Has experienced symptoms of withdrawal from alcohol or drug use including shakes or malaise relieved by resumed alcohol or drug use; irritability; nausea; or anxiety; x. Exhibits a psychological dependence on drugs xi. or alcohol; Has experienced an increase in consumption, a change in tolerance, or a change in the pattern of alcohol or drug use; or xii. Has experienced personality changes associated with alcohol or drug use; and 2. A Level 2 DUI client is a client who: a. Does not meet any of the criteria in subsection (D)(1)(a), and b. Meets no more than two of the criteria in subsection (D)(1)(b). E. An administrator shall ensure that after a client completes DUI screening: 1. The results of the DUI screening are documented in the client record and include: a. The client's alcohol concentration at the time of the arrest that led to the current referral, if available; b. The client's history of alcohol and drug use; c. The client's history of treatment associated with alcohol or drug use; and d. The client's history of impairments in physical, educational, occupational, or social functioning as a result of alcohol or drug use; 2. Referrals are made as specified in subsection (F); and 3. The following information is reported to the referring court within seven days after the client's completion of DUI screening: a. The date that the client completed DUI screening; b. The results of a client's DUI screening; c. Recommendations for DUI education or DUI treatment, based on the: i. Results of the DUI screening, and ii. Recommended of the behavioral health professional conducting the DUI screening; and d. The name of the DUI services provider selected by the client to provide DUI education or DUI treatment to the client. F. Except as provided in subsection (H), an administrator shall ensure that: 1. A Level 1 DUI client is referred to both: a. A DUI education provider that provides at least 16 hours of DUI education, and b. A DUI treatment provider that provides at least 20 hours of DUI treatment; 2. A Level 2 DUI client is referred to a DUI education provider that provides at least 16 hours of DUI education; 3. The referral of a client includes: a. Providing the client with the names, addresses, and telephone numbers of three DUI education providers Supp Page 6 June 30, 2013

7 or DUI treatment providers, as applicable, in the geographic area requested by the client, at least two of which are not owned by, operated by, or affiliated with the DUI screening provider; and b. Instructing the client to: i. Select a DUI education provider or DUI treatment provider, as applicable; ii. Schedule an appointment or enroll in DUI education or DUI treatment, as applicable, within seven days after the date of completion of the iii. DUI screening; and Notify the DUI screening provider of the name of the DUI education provider or DUI treatment provider, as applicable, selected by the client; 4. A client's written authorization to release information to the selected DUI services provider is obtained; and 5. The DUI education provider or DUI treatment provider, as applicable, selected by the client is provided with: a. A copy of the completed standardized instrument or results of the client s DUI screening, and b. Recommendations for DUI education or DUI treatment, as applicable, from the behavioral health professional who conducted the DUI screening. G. A DUI screening provider may refer a Level 1 or Level 2 DUI client to a self-help or peer-support program that assists individuals in achieving and maintaining freedom from alcohol or drugs, such as Alcoholics Anonymous or Narcotics Anonymous. Participation in a self-help group or peer support program is not DUI education or DUI treatment and does not count toward required hours in DUI education or DUI treatment. H. If a court's requirements conflict with the requirements in subsection (F), a DUI screening provider shall: 1. Comply with the court's requirements, 2. Document in the client record that the court's requirements conflict with requirements in subsection (F), and 3. Maintain at the facility a document identifying the court's requirements. I. An administrator shall ensure that a referring court is notified in writing within seven days, unless otherwise specified by the court, after: 1. A client fails to: a. Obtain or complete DUI screening, or b. Pay the cost of DUI screening; or 2. The DUI screening provider learns that a client has: a. Completed DUI education or DUI treatment; or b. Failed to: i. Comply with DUI education or DUI treatment procedures, or ii. Complete DUI education or DUI treatment. J. An administrator shall ensure that a record is maintained for each client that contains: 1. The citation number or complaint number from the arrest that led to the current referral, if available; 2. A copy of the documents referring the client to DUI screening, if available; 3. Documentation that the client received the information required in subsection (B); 4. Documentation of the results of the client's DUI screening required in subsection (E)(1), including the completed standardized instrument required in subsection (C)(4); 5. Documentation of the: a. Referrals for DUI education or DUI treatment, as applicable, required in subsection (E)(2); and b. Recommendations for DUI education or DUI treatment, as applicable, required in subsection (E)(3)(c); 6. The DUI client's signed and dated authorization for release of information required in subsection (F)(4); and 7. A copy of the information provided to the: a. DUI education provider or DUI treatment provider, as applicable, selected by the client, as required in subsection (F)(5); and b. Referring court as required in subsection (E)(3). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Requirements for DUI Education A. An administrator shall ensure that policies and procedures are developed, documented, and implemented for: 1. Providing DUI education; 2. If applicable, providing DUI education electronically including: a. Using a secure connection, and b. Verifying the identity of the individual receiving the DUI education; and 3. Communicating with and reporting information to an individual s DUI screening provider and, if applicable, the referring court. B. An administrator shall ensure that: 1. A client is given the following information in writing before DUI education is conducted: a. The procedures for conducting DUI education, b. The timeline for initiating and completing DUI education, c. The consequences to the client for not complying with the procedures and timeline, d. The information about the client that will be reported to the client s DUI screening provider or the referring court, and e. The cost and methods of payment for DUI education; and 2. The client's receipt of the information is documented in the client record. C. An administrator shall ensure that: 1. DUI education is provided in a classroom setting or electronically; 2. A current written schedule of DUI education classes is maintained at the facility; 3. DUI education consists of: a. At least 16 hours in the classroom setting, or b. Modules provided electronically that are equivalent to the content of the material covered during at least 16 hours of classroom instruction; 4. DUI education is scheduled to be completed within eight weeks after the date of the first class; and 5. The number of clients enrolled in a class for DUI education in a classroom setting does not exceed 30. D. Participation in a self-help group or peer support program, such as Alcoholics Anonymous or Narcotics Anonymous, is June 30, 2013 Page 7 Supp. 13-2

8 Title 9, Ch. 20 Arizona Administrative Code not DUI education and does not count toward required hours of DUI education. E. An administrator shall ensure that: 1. A written pre-test is administered to a client before the client receives DUI education to measure the client's knowledge of the subject areas listed in subsection (E)(2); 2. DUI education includes information on: a. The physiological effects of alcohol and drug use; b. How alcohol use and drug use affect an individual's ability to operate a vehicle, including how an individual's alcohol concentration is measured and how alcohol concentration impacts an individual's ability to operate a vehicle; c. Alternatives to operating a motor vehicle while impaired by alcohol or drug use; d. The psychological and sociological effects of alcohol and drug use; e. The stages of substance abuse; f. Self-assessment of alcohol or drug use; g. Criminal penalties and statutory requirements for sentencing DUI clients; h. Alternatives to alcohol or drug use; i. Identification of different approaches to the treatment of substance abuse; j. Resources, programs, and interventions available in the community for treatment of substance abuse; and k. Orientation to the process and benefits of group counseling and self-help groups such as Alcoholics Anonymous and Narcotics Anonymous; and 3. A written post-test is administered to a client after receiving DUI education to measure the client's knowledge of the subject areas listed in subsection (E)(2). F. An administrator shall ensure that a policy and procedure is developed, documented, and implemented that covers the use of results from the pre-tests and post-tests required in subsection (E). G. An administrator shall ensure that a client who completes DUI education receives documentation that indicates completion of DUI education and includes: 1. The name of the DUI education provider, 2. The number of hours of DUI education completed, 3. The date of completion, and 4. The name of the client. H. An administrator shall ensure that the DUI screening provider and, if applicable, the referring court is: 1. Notified in writing within seven days, unless otherwise specified by the court, after: a. An individual fails to enroll in DUI education by the deadline established by the individual s DUI screening provider or the referring court; b. A client fails to comply with the requirements for DUI education, including failure to attend DUI education or failure to pay required costs; or c. A client completes DUI education; and 2. Provided with a written report for each client, within 30 days after ending the provision of DUI education to the client, that includes: a. The client s date of enrollment; b. Whether the client complied with the requirements for DUI education; c. Whether the client completed DUI education and, if so, the date of completion; and d. Any recommendation for additional DUI education or for DUI treatment. I. If an administrator determines that a client's DUI education needs cannot be met by the DUI education provider selected by the client, the administrator may refer a client back to the client s DUI screening provider by submitting to the DUI screening provider: 1. Documentation of the reason that the DUI education provider is unable to meet the client's DUI education needs, including whether the client: a. Requires behavioral health services that the DUI education provider is not authorized or able to provide, b. Has a physical or other disability that the DUI education provider is unable to accommodate, or c. Requires education to be provided in a language in which instruction is not provided by the DUI education provider, and 2. A recommendation for additional or alternative DUI education that would meet the client's DUI education needs. J. An administrator shall ensure that a record is maintained for each client that contains: 1. Documents received from the client s DUI screening provider or referring court regarding the client; 2. Documentation that the client received the information required in subsection (B); 3. The pre-test and post-test required in subsection (E) completed by the client; 4. The dates and time periods during which the client received DUI education; 5. Documentation of DUI education provided in a classroom setting that the client failed to attend; 6. A copy of the documentation indicating the client's satisfactory completion of DUI education required in subsection (G), if applicable; 7. A copy of the documentation provided to the client s DUI screening provider or referring court as required in subsection (H)(1); 8. A copy of the written report provided to the client s DUI screening provider or referring court as required in subsection (H)(2); 9. Documentation supporting a referral of the client back to the client s DUI screening provider, if applicable; and 10. Any other written information from or documentation of verbal contact with any of the following regarding the client: a. The client s DUI screening provider, b. The referring court, c. The Department of Motor Vehicles, or d. Another DUI education provider or a DUI treatment provider. A.A.R. 4439, effective October New made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Requirements for DUI Treatment A. An administrator shall ensure that policies and procedures are developed, documented, and implemented that: 1. Cover the education, skill, and experience for individuals providing DUI treatment; 2. Cover the provision of DUI treatment; Supp Page 8 June 30, 2013

9 3. Cover communicating with and reporting information to an individual s DUI screening provider and, if applicable, the referring court; and 4. Establish criteria the DUI treatment provider considers when determining whether to extend the time for a client's completion of DUI treatment. B. An administrator shall ensure that: 1. The DUI treatment provider receives: a. A copy of the documentation of the client s completion of DUI education, required in R (G), from the client; or b. Documentation of the client s completion of DUI education from the client s DUI screening provider; 2. A client is given the following information in writing before DUI treatment is conducted: a. The procedures for conducting DUI treatment, b. The timeline for initiating and completing DUI treatment, c. The criteria the DUI treatment provider considers when determining whether to extend the time for completion of the DUI treatment, d. The consequences to the client for not complying with the procedures and timeline, e. The information about the client that will be reported to the client s DUI screening provider or the referring court, and f. The cost and methods of payment for DUI treatment; and 3. The client's receipt of the information is documented in the client record. C. An administrator shall ensure that DUI treatment: 1. Is based upon the information and results of the client s DUI screening obtained from the DUI screening provider, as required in R (F)(5), or referring court; 2. Includes at least 20 hours of group counseling that: a. Is provided by a behavioral health professional or a licensed substance abuse technician under the direct supervision, as defined in A.A.C. R , of a behavioral health professional; b. Is provided according to the recommendations of the behavioral health professional who conducted the client s DUI screening; c. Includes no more than 15 clients or, if family members participate in group counseling, no more than 20 individuals; and d. Is documented in a client record according to subsection (I); and 3. Is scheduled to be completed within 16 weeks after the date the client enrolled in DUI treatment, unless the DUI treatment provider extends the time for completion of DUI treatment, as provided in subsection (E). D. Participation in a self-help group or peer support program, such as Alcoholics Anonymous or Narcotics Anonymous, is not DUI treatment and does not count toward required hours in DUI treatment. E. A DUI treatment provider may extend the time for a client's completion of DUI treatment if an event, such as one of the following, occurs during the 16 weeks after the date the client was enrolled in DUI treatment: 1. The client is serving time in jail; 2. The client or a family member of the client is ill or injured and requires medical services, as defined in A.R.S ; or 3. A family member of the client dies. F. An administrator shall ensure that the DUI screening provider and, if applicable, the referring court is: 1. Notified in writing within seven days, unless otherwise specified by the court, after: a. An individual fails to enroll in DUI treatment by the deadline established by the individual s DUI screening provider or the referring court; b. A client fails to comply with the requirements for DUI treatment, including failure to attend DUI treatment or failure to pay required costs; or c. A client completes DUI treatment; and 2. Provided with a written report for each client, according to the timeline established by the DUI screening provider, that includes: a. The client s date of enrollment; b. Whether the client complied with the requirements for DUI treatment; c. Whether the client completed DUI treatment and, if so, the date of completion; and d. Any recommendation for additional DUI treatment. G. An administrator shall ensure that a client who completes DUI treatment receives: 1. Documentation that indicates completion of DUI treatment and includes: a. The name of the DUI treatment provider, b. The number of hours of DUI treatment completed, c. The date of completion, and d. The name of the client; and 2. An exit interview from an employee that includes a review of the information contained in the report required in subsection (F)(2). H. If an administrator determines that a client's DUI treatment needs cannot be met by the DUI treatment provider selected by the client, the administrator may refer a client back to the client s DUI screening provider by submitting to the DUI screening provider: 1. Documentation of the reason that the DUI treatment provider is unable to meet the client's DUI treatment needs, including whether the client: a. Requires behavioral health services that the DUI treatment provider is not authorized or able to provide, b. Has a physical or other disability that the DUI treatment provider is unable to reasonably accommodate, or c. Requires treatment to be provided in a language in which DUI treatment is not provided by the DUI treatment provider; and 2. A recommendation for additional or alternative DUI treatment that would meet the client's DUI treatment needs. I. An administrator shall ensure that a record is maintained for each client that contains: 1. Information and documents received from the client s DUI screening provider or the referring court regarding the client; 2. Documentation that the client received the information required in subsection (B)(2); 3. Documentation of each group counseling session in which the client participated, including: a. The date of the group counseling session, b. The topics discussed, and c. The client's progress in meeting treatment goals; 4. Documentation of the client s failure to participate in a group counseling session, if applicable; 5. Documentation related to an extension of the time for a client's completion of DUI treatment, if applicable; June 30, 2013 Page 9 Supp. 13-2

10 Title 9, Ch. 20 Arizona Administrative Code 6. A copy of the documentation indicating the client's satisfactory completion of DUI treatment required in subsection (G), if applicable; 7. Documentation of the client's exit interview required in subsection (G)(2); 8. A copy of the written report provided to the client s DUI screening provider or referring court as required in subsection (F)(2); 9. Documentation supporting a referral of the client back to the client s DUI screening provider, if applicable; and 10. Any other written information from or documentation of verbal contact with any of the following regarding the client: a. The client s DUI screening provider, b. The referring court, or c. Another DUI treatment provider or a DUI education provider. of State November 9, 1992 (Supp. 92-4). repealed by New made by exempt R A.A.R. 4439, effective October R A.A.R. 4439, effective October R A.A.R. 4439, effective October R A.A.R. 4439, effective October ARTICLE 2. MISDEMEANOR DOMESTIC VIOLENCE OFFENDER TREATMENT R Definitions The following definitions apply in this Article unless otherwise specified: 1. Administrator means an individual who has authority and responsibility for managing the provision of treatment. 2. Applicant means an individual or business organization that has submitted an application packet to the Department. 3. Application packet means the forms, documents, and additional information the Department requires an applicant to submit to become a provider. 4. Behavioral health professional means an individual licensed under A.R.S. Title 32 whose scope of practice allows the individual to: a. Independently engage in the practice of behavioral health as defined in A.R.S ; or b. Except for a licensed substance abuse technician, engage in the practice of behavioral health as defined in A.R.S under direct supervision as defined in A.A.C. R Business organization has the same meaning as entity in A.R.S Client means an individual who is ordered by a referring court to complete a domestic violence offender treatment program as a result of a conviction for a misdemeanor domestic violence offense according to A.R.S Client record means documentation relating to the treatment received by a client. 8. Controlling person means a person who, with respect to a business organization: a. Through ownership, has the power to vote at least 10% of the outstanding voting securities of the business organization; b. If the business organization is a partnership, is a general partner or is a limited partner who holds at least 10% of the voting rights of the partnership; c. If the business organization is a corporation, association, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or d. Holds a beneficial interest in 10% or more of the liabilities of the business organization. 9. Day means a calendar day, not including the day of the act, event, or default, from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or state holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. 10. Department means the Arizona Department of Health Services. 11. Documentation means information in written, photographic, electronic, or other permanent form. 12. Domestic violence offense has the same meaning as in A.R.S Employee means an individual compensated by a provider for work on behalf of the provider. Supp Page 10 June 30, 2013

11 14. Facility means the building or buildings used to provide treatment. 15. Monitoring means the Department s inspection of a facility to determine compliance with this Article. 16. Provider means an individual or business organization that meets the standards in this Article, as determined by the Department, and is approved by the Department to provide treatment. 17. Treatment means a program of activities for misdemeanor domestic violence offenders according to A.R.S Amended by exempt rulemaking at 9 A.A.R. 3214, effective June 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2). R Individuals to Act for Applicant When an applicant or provider is required by this Article to provide information on or sign an application form or other document, the following shall satisfy the requirement on behalf of the applicant or provider: 1. If the applicant or provider is an individual, the individual; or 2. If the applicant or provider is a business organization, the individual who the business organization has designated to act on the business organization's behalf and who: a. Is a controlling person of the business organization; b. Is a U.S. citizen or legal resident; and c. Has an Arizona address. 4439, effective October Amended 30, 2003 (Supp. 03-2). Amended by exempt rulemaking at 18 A.A.R. 1725, effective June 30, 2012 (Supp. 12-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2). R Application and Renewal A. An applicant applying to become a provider shall submit to the Department an application packet that contains: 1. An application in a format provided by the Department that includes: a. The applicant s name; b. The applicant s mailing address and telephone number; c. The applicant s address; d. The name, telephone number, and address of the individual acting on behalf of the applicant according to R , if applicable; e. The name under which the applicant plans to do business, if different from the applicant s name; f. The name of each referring court; g. The address and telephone number of the for each facility where treatment is provided; and h. The applicant s signature and the date signed; 2. A copy of the: a. Program description required in R (A)(1), b. Policies and procedures required in R (B), and c. Policies and procedures required in R (D); 3. The name and qualifications of the administrator; and 4. A copy of the applicant s: a. U.S. Passport, current or expired; b. Birth certificate; c. Naturalization documents; or d. Documentation of legal resident alien status. B. For renewal, at least 60 days before the expiration of approval, a provider shall submit to the Department in a Departmentprovided format: 1. The provider s approval number, 2. The information in subsection (A)(1), and 3. The documentation in subsection (A)(2). 4439, effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Application or Renewal Approval Process A. The Department shall: 1. Review the documents submitted by the applicant or provider as required in R , 2. Issue an approval or non-approval based on the applicant s or provider s compliance with the requirements in this Article, and 3. Notify the applicant or provider of the Department's decision within 30 days after receiving the documents specified in R B. The Department shall send an applicant or provider a written notice of non-approval, with reasons for the non-approval, if: 1. The applicant fails to provide the documentation required in R , or 2. The Department determines the documentation submitted under R does not comply with this Article or contains false information. 4439, effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Notification of Change A. A provider shall notify the Department in writing at least 30 days before the effective date of: 1. A termination of treatment provision; or 2. A change in the: a. Name under which the provider does business, b. Address or telephone number of a facility where treatment is provided, or c. Administrator. B. The Department shall update the provider s approval to reflect the changes in subsection (A), but retain the existing expiration date of the application approval. 4439, effective October Amended June 30, 2013 Page 11 Supp. 13-2

12 Title 9, Ch. 20 Arizona Administrative Code 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Rescinding Approval A. The Department may rescind the approval of a provider if the Department determines that noncompliance with this Article by the provider negatively impacts the treatment a client is receiving from the provider. B. If the Department rescinds the approval of a provider, the Department shall: 1. Provide written notice of the rescindment to the provider that includes a list of the requirements with which the provider is not in compliance, 2. Remove the provider from the Department s list of approved treatment providers, and 3. Provide written notice of the rescindment to any referring courts identified by the provider. C. To obtain approval after a rescindment, a provider shall submit: 1. The application required in R , and 2. A written recommendation for approval of the provider from a referring court notified in subsection (B)(3). D. The Department shall review the application and recommendation in subsection (C) and issue an approval or notice of non-approval no sooner than 60 days, but not later than 90 days, after the Department receives the application and recommendation. 4439, effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Administration, Monitoring A. A provider shall designate an administrator who meets qualifications established by the provider. B. A provider shall allow the Department immediate access to all areas of a facility, a client, or records, according to A.R.S , effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R Misdemeanor Domestic Violence Offender Treatment Standards A. An administrator shall ensure that: 1. A program description is developed that includes a method for providing treatment; 2. Treatment: a. Is based on methodologies developed by behavioral health professionals and supported by published research results; b. Does not disproportionately or exclusively include one or more of the following: i. Anger or stress management, ii. Conflict resolution, iii. Family or couples counseling, or iv. Education or information about domestic violence; c. Emphasizes personal responsibility; d. Identifies domestic violence as a means of asserting power and control over another individual; e. Does not require the participation of a victim of domestic violence; f. Is not provided at a location where a victim of domestic violence is sheltered; g. Includes individual counseling, group counseling, or a combination of individual counseling and group counseling that: i. Is conducted by a behavioral health professional; and ii. Requires each counseling session to be documented in the client record; h. Does not include more than 15 clients in group counseling; and 3. Treatment is provided to a client according to subsection (C). B. An administrator shall ensure that policies and procedures are developed, documented, and implemented that: 1. Unless the period of time for a client to complete treatment is extended, require a client to complete treatment in not less than three months and no more than 12 months after the date the client begins treatment; and 2. Establish criteria for determining whether to extend the time for a client's completion of treatment, such as: a. Receiving a recommendation from a behavioral health professional, or b. An occurrence of one of the following during the 12 months after the date the client is admitted for treatment: i. The client serving jail time, ii. Illness of the client or a client s family member, or iii. Death of a client s family member, or c. The court requiring the client to complete more than 52 sessions of treatment. C. An administrator shall ensure that: 1. Except as provided in a court order, treatment includes, at a minimum, the following number of sessions, to be completed after the applicable offense for which the client was required to complete treatment: a. For a first offense, 26 sessions; b. For a second offense, 36 sessions; and c. For a third offense or any subsequent offense, 52 sessions; 2. The duration of a session in subsection (C)(1) is: a. For an individual session, not less than 50 minutes; and b. For a group session, not less than 90 minutes and not longer than 180 minutes; and 3. Except if extended according to subsection (B)(2), treatment for a client is scheduled to be completed in not less than three months and no more than 12 months after the client is admitted into treatment. D. An administrator shall ensure that policies and procedures are developed, documented, and implemented for providing treatment that: 1. Establish: a. The process for a client to begin and complete treatment; b. The timeline for a client to begin treatment; c. The timeline for a client to complete treatment, which shall not exceed 12 months, except as provided in subsection (B)(2); and Supp Page 12 June 30, 2013

13 d. Criteria for a client's successful completion treatment, including attendance, conduct, and participation requirements; 2. Require notification to a client at the time of admission of the consequences to the client if the client fails to successfully complete treatment; 3. Require notification, in writing, to the entity that referred the client to the provider on behalf of the court, within a timeline established by the referring court or the entity that referred the client to the provider on behalf of the court, when any of the following occurs: a. A client referred by the court has not reported for admission to treatment, b. A client referred by the court is ineligible or inappropriate for treatment, c. A client is admitted for treatment, d. A client is voluntarily or involuntarily discharged from treatment, e. A client fails to comply with treatment, or f. A client completes treatment; 4. Are reviewed and revised as necessary by the provider at least once every 12 months; and 5. Are maintained at the facility. E. An administrator shall ensure that: 1. Treatment is provided by a behavioral health professional who: a. Has at least six months of full-time work experience with domestic violence offenders or other criminal offenders, or b. Is visually observed and directed by a behavioral health professional with at least six months of fulltime work experience with domestic violence offenders or other criminal offenders; and 2. Policies and procedures are developed, documented, and implement that establish education and training requirements for a behavioral health professional providing treatment that demonstrate that the behavioral health professional is qualified to provide treatment. F. An administrator shall ensure that: 1. All employees are provided orientation specific to the duties of the employee, 2. An employee completes orientation before the employee provides treatment, 3. Annual training requirements are established for an employee, and 4. Orientation and training required in this subsection are documented. G. An administrator shall ensure that: 1. A behavioral health professional completes an assessment of each client; 2. The assessment includes a client s: a. Substance abuse history, b. Legal history, c. Family history, d. History of trauma or abuse, e. Behavioral health treatment history, and f. Potential for self-harm or to harm another individual; 3. The following information is requested: a. The case number or identification number assigned to the client by the referring court; b. Whether the client has any past or current orders for protection or no-contact orders issued by a court; c. The client's history of domestic violence or family disturbances, including incidents that did not result in arrest; and d. The details of the misdemeanor domestic violence offense that led to the client's referral for treatment; and 4. The assessment and information in subsection (G)(3) are documented in the client record. H. For a client who has completed treatment, an administrator shall: 1. Issue a certificate of completion that includes: a. The case number or identification number assigned to the client by the referring court or, if the provider has made three documented attempts to obtain the case number or identification number without success, the client's date of birth; b. The client's name; c. The date of completion of treatment; d. The name, address, and telephone number of the provider; and e. The signature of an individual authorized to sign on behalf of the provider; 2. Provide the original of the client's certificate of completion to the client; 3. Provide a copy of the client's certificate of completion to the referring court according to the timeline established in the provider's policies and procedures; and 4. Maintain a copy of the client's certificate of completion in the client record. 4439, effective October Amended 30, 2003 (Supp. 03-2). repealed; new made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R , effective October Amended R , effective October repealed by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 R , effective October Amended R , effective October Amended June 30, 2013 Page 13 Supp. 13-2

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